[Patentcenter] [Patentpractice] two questions about the dreaded .DOCX situation

[Dan Feigelson]

I wonder: if someone was willing to pay to fight this, how does the PTO's
position re applicant-submitted pdf survive the red-faced test in front of
a judge?

"Well, your honor, it's true our software messed up a perfectly good,
human-readable document, but that's the applicant's fault, because he
didn't follow our procedure and submit something that we were to
potentially going to mangle. And the fact that we don't keep an actual copy
of anything that's filed (unless it's non-b/w drawings in SCORE) is the
applicant's problem."

Dan

On Thu, Feb 1, 2024 at 11:15 PM Margaret Polson via Patentcenter <
patentcenter at oppedahl-lists.com> wrote:

> Fun fact, if you try to get your publication fixed “for USPTO error”  your
> petition will be denied saying that scanning errors cause by your filing a
> pdf (this is before the surcharge) are not a USPTO error.  (the error was
> in the claims, clearly material error)
>
>
>

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